Section 17535

Citation: Section 17535
Parent Document: Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)
Jurisdiction: California (state)
Effective Date: 2000-06-05
Original Source: https://www.courtlistener.com/opinion/1159700/kraus-v-trinity-management-serv... ↗

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The majority does not dispute that defendants violated Civil Code section 1671 and the UCL by requiring tenants to pay illegal liquidated damages. Nor does the majority criticize the trial court’s computations resulting in the corresponding disgorgement order. The majority holds, however, that the judgment of the trial court for disgorgement of sums collected to secure liquidated damages “may be enforced only to the extent that it compels restitution to those former tenants who timely appear to collect restitution.” (Maj. opn., ante, at p. 138.) In support, the majority asserts that, to the extent the trial court ordered disgorgement to a fund benefiting San Francisco tenants, generally, “the award was not authorized by the UCL and was not a permissible exercise of the court’s equitable powers.” (Ibid.) *145For the following reasons, I disagree. The UCL’s language

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